Pyramid Coal Corp. v. Pratt

On October 1, 1904, Harlan Price and his wife, Rosa Price, as tenants by the entireties, owned the fee simple title to 24 acres of land in Vigo County, Indiana. On that date they conveyed the coal lying in and under that real estate to Julius Ehrlich by warranty deed. No effort was made to mine the coal until on or about August 21, 1940, when appellant became the owner, through a series of mesne conveyances, of the coal rights acquired by Ehrlich through the Price deed.

On May 16, 1931 appellees, through a warranty deed from the Prices, became the owners of three acres more or less of such…